HIPAA / PRIVACY NOTICE
OAK & OLIVE COUNSELING, LLC
NOTICE OF PRIVACY PRACTICES
Effective Date: September 6, 2026
Oak & Olive Counseling, LLC
Laura Wiedlebacher, LPCC-S
562 W. Central Avenue
Delaware, Ohio 43015
Phone: (740) 361-2142
Email: Laura@oakolivecounseling.com
www.oakolivecounseling.com
IMPORTANT NOTICE
THIS NOTICE DESCRIBES HOW HEALTH AND COUNSELING INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED, HOW YOU MAY ACCESS THIS INFORMATION, AND YOUR RIGHTS REGARDING YOUR INFORMATION. PLEASE REVIEW IT CAREFULLY.
Oak & Olive Counseling, LLC is committed to protecting the privacy and confidentiality of your personal and health information. Your counseling record may contain protected health information (“PHI”), including information regarding your identity, health history, mental and emotional health, assessment, diagnosis, treatment, counseling services, treatment plans, progress, appointments, billing, and other information related to the services you receive.
Federal law, including the Health Insurance Portability and Accountability Act (“HIPAA”), and applicable Ohio law establish requirements regarding the privacy and security of this information. Ohio law and the professional standards governing licensed counselors may provide additional confidentiality protections.
1. CONFIDENTIALITY OF COUNSELING
Information you share in counseling is generally confidential. Oak & Olive Counseling, LLC and your counselor have a professional and legal obligation to protect your privacy.
Ohio law generally protects confidential communications between a client and a licensed professional counselor or licensed professional clinical counselor. Confidential information will not ordinarily be released to another person or organization without your written authorization unless disclosure is permitted or required by law.
Your counselor will discuss confidentiality and its limitations with you at the beginning of the professional relationship and as needed during treatment
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2. HOW YOUR INFORMATION MAY BE USED OR DISCLOSED
HIPAA allows certain uses and disclosures of protected health information without obtaining a separate authorization from you.
Treatment
Your information may be used as necessary to provide, coordinate, or manage your counseling and related health care.
When disclosure to another treating professional is appropriate, only information reasonably necessary for the purpose will be shared, consistent with applicable federal and Ohio confidentiality requirements.
Where Ohio law, federal law, or professional ethics require your written authorization before counseling information may be released, Oak & Olive Counseling, LLC will obtain that authorization.
Payment
Information may be used or disclosed when reasonably necessary to obtain or process payment for services, including payment processing, billing, collection activities, or other payment-related functions.
If insurance or another third-party payer is used in the future, information reasonably necessary for payment may be provided as permitted by law.
Health Care Operations
Information may be used as reasonably necessary to operate the practice. Examples may include:
- Maintaining clinical and business records
- Scheduling and appointment administration
- Quality assurance and improvement
- Professional consultation
- Credentialing or licensing activities
- Compliance and auditing activities
- Secure electronic health record and client portal services
- Legal, accounting, and other professional services
- Other activities necessary for lawful operation of the practice
Outside persons or companies that perform services involving PHI on behalf of the practice will be required to protect that information as required by applicable law.
3. SITUATIONS IN WHICH CONFIDENTIALITY MAY BE LIMITED
Although counseling information is ordinarily confidential, there are circumstances in which your counselor may be required or permitted to disclose information without your authorization.
Abuse or Neglect of a Child
Ohio law requires certain professionals, including professional counselors, to make an immediate report when they know or have reasonable cause to suspect that a child has suffered or faces a threat of suffering abuse or neglect.
Abuse, Neglect, or Exploitation of a Protected Adult
Ohio law requires licensed professional counselors and professional clinical counselors to report certain suspected abuse, neglect, or exploitation of adults protected by Ohio’s Adult Protective Services laws.
Additional reporting requirements may apply when abuse, neglect, or exploitation involves a person with an intellectual or developmental disability or in other circumstances specifically addressed by law.
Serious Threats to Safety
Confidential information may be disclosed when necessary to address a serious safety concern or when disclosure is required or permitted under Ohio’s duty-to-protect laws.
For example, when an explicit threat of imminent and serious physical harm or death is made toward a clearly identifiable person and the legal requirements for action are met, the counselor may take steps necessary to protect the client or others.
Depending upon the circumstances, those steps may include arranging emergency evaluation or hospitalization, contacting emergency services or law enforcement, consulting with another qualified mental health professional, and/or warning an identifiable potential victim or the victim’s parent or guardian when legally appropriate.
Medical or Mental Health Emergency
Information may be disclosed when permitted by law and reasonably necessary to respond to an emergency or to prevent or reduce a serious and imminent threat to the health or safety of you or another person.
Court Orders and Legal Proceedings
Counseling records and communications receive significant confidentiality protection under Ohio law.
A subpoena or request for records does not automatically mean that your complete counseling record will be released.
Oak & Olive Counseling, LLC will respond to legal demands for information only as permitted or required by applicable federal and Ohio law.
Information may be disclosed pursuant to a valid court order or other lawful process when disclosure is legally required.
Whenever legally permitted, reasonable steps will be taken to protect confidential information and limit disclosure to information necessary for the legal purpose.
Health Oversight and Professional Regulation
Information may be disclosed to an authorized health oversight or professional licensing authority when disclosure is required or permitted by law, including in connection with a lawful investigation, audit, licensing matter, or regulatory proceeding.
Other Disclosures Required by Law
Information may be disclosed when federal or Ohio law specifically requires the disclosure.
Whenever reasonably possible and legally appropriate, disclosures will be limited to the information necessary for the purpose.
4. PSYCHOTHERAPY NOTES
HIPAA provides additional protection to certain “psychotherapy notes.”
Psychotherapy notes are a specific category of notes recorded by a mental health professional documenting or analyzing the contents of a counseling conversation and maintained separately from the remainder of the clinical record.
Most uses or disclosures of psychotherapy notes require your specific written authorization except for certain limited circumstances permitted or required by law.
Psychotherapy notes are different from ordinary progress notes, diagnoses, treatment plans, medication information, appointment information, billing records, and other information maintained as part of your regular clinical record.
5. SUBSTANCE USE DISORDER RECORDS
Some records relating to substance use disorder treatment may receive additional confidentiality protection under federal law, including 42 C.F.R. Part 2.
To the extent Oak & Olive Counseling, LLC receives, creates, or maintains records that are specifically protected by 42 C.F.R. Part 2, those records will receive the additional protections required by federal law.
Part 2-protected information generally may not be used or disclosed in a civil, criminal, administrative, or legislative investigation or proceeding against you based upon the content of those records unless you provide the required consent or the disclosure is authorized by an appropriate court order and subpoena as required by law.
The fact that counseling may address alcohol or substance use does not by itself mean that every counseling record is governed by 42 C.F.R. Part 2.
When Part 2 applies, its additional protections will be followed.
6. FAMILY MEMBERS AND OTHER PERSONS INVOLVED IN YOUR CARE
You may tell Oak & Olive Counseling, LLC whether you want information shared with a spouse, partner, family member, friend, caregiver, or another person involved in your care or payment for your care.
When written authorization is required, information will not be disclosed unless an appropriate authorization has been obtained.
If you are unable to communicate your wishes during an emergency, limited information may be disclosed when permitted by law and when, using professional judgment, the disclosure is believed to be in your best interest or necessary to protect health or safety.
Participation by a family member or other third party in a counseling session does not automatically give that person access to your counseling record.
7. COUPLES, FAMILY, OR GROUP COUNSELING
When services involve couples, families, or groups, confidentiality has additional limitations because information may be heard by other participants.
Participants may be asked to respect the privacy of information disclosed during counseling. However, Oak & Olive Counseling, LLC cannot guarantee that another participant will maintain confidentiality outside the counseling setting.
Specific confidentiality expectations will be discussed when couples, family, or group services are provided.
8. COURT-ORDERED OR OTHERWISE MANDATED COUNSELING
If counseling is required by a court, probation authority, employer, school, licensing authority, or another mandating organization, the limits of confidentiality may differ from voluntary counseling.
Before information is disclosed to a mandating authority, your counselor will explain, to the extent reasonably possible:
- What information may be disclosed
- To whom the information may be disclosed
- The purpose of the disclosure
- Any applicable limitations on confidentiality
A separate authorization or other legally sufficient authority will be obtained when required.
9. MINORS AND LEGAL REPRESENTATIVES
A parent, legal guardian, or other legally authorized personal representative may exercise certain privacy rights on behalf of a client when permitted by law.
The privacy rights of minors and the rights of parents or guardians can vary depending upon who consented to treatment, custody or guardianship orders, the nature of the services, and applicable Ohio and federal law.
Oak & Olive Counseling, LLC will follow applicable law and any controlling court or custody documents in determining who may consent to services and who may access or authorize disclosure of records.
Whenever clinically and legally appropriate, adolescents will be provided a reasonable degree of privacy to support effective counseling.
Any limitations on that privacy will be discussed with the minor and parent or guardian as appropriate.
10. YOUR PRIVACY RIGHTS
You have important rights regarding your protected health information.
Right to Inspect or Obtain a Copy
You may request access to or a copy of health information maintained in your designated record set.
Copies may be provided electronically or on paper as permitted by law.
Requests will generally be acted upon within the timeframe required by HIPAA and Ohio law.
A reasonable, cost-based fee may be charged when permitted by law.
Certain information, including psychotherapy notes as specifically defined by HIPAA, may not be subject to the same right of access.
Right to Request an Amendment
If you believe information in your record is incorrect or incomplete, you may request an amendment.
The request may be denied in circumstances permitted by law.
If denied, you will be provided information regarding your right to submit a written statement of disagreement when applicable.
Right to Request Confidential Communications
You may request that Oak & Olive Counseling, LLC communicate with you in a particular manner or at a particular location.
For example, you may request that appointment-related communications be sent only to a particular telephone number or through the secure client portal.
Reasonable requests will be honored.
Right to Request Restrictions
You may request restrictions on how certain information is used or disclosed for treatment, payment, or health care operations.
Oak & Olive Counseling, LLC is not required to agree to every requested restriction.
If you pay in full out-of-pocket for a service and request that information about that service not be disclosed to a health plan for payment or health care operations, the request will be honored when required by HIPAA unless disclosure is otherwise required by law.
Right to an Accounting of Certain Disclosures
You may request an accounting of certain disclosures of your protected health information made during the period allowed by law.
The accounting generally does not include disclosures for treatment, payment, or health care operations and certain other disclosures excluded by HIPAA.
Right to a Copy of This Notice
You may request a paper or electronic copy of this Notice at any time, even if you previously received it electronically.
Right to Choose a Personal Representative
If another individual has legal authority to act on your behalf, that person may exercise your privacy rights to the extent permitted by law.
Oak & Olive Counseling, LLC may request documentation establishing that authority before allowing the person to act on your behalf.
11. ELECTRONIC RECORDS AND COMMUNICATIONS
Oak & Olive Counseling, LLC uses electronic systems, including a secure electronic health record and client portal, to maintain records and communicate with clients.
Reasonable administrative, technical, and physical safeguards will be used to protect electronic health information.
Electronic communication can carry privacy risks.
Clients are encouraged to use the secure client portal for confidential clinical communication whenever available.
Ordinary email, SMS/text messages, voicemail, or other communications may have privacy limitations depending upon the technology used.
Communication preferences and any applicable risks may be addressed separately as part of the informed consent process.
12. RECORD RETENTION AND SECURITY
Clinical records will be maintained securely, and access will be limited to authorized persons.
Oak & Olive Counseling, LLC will retain counseling records for at least the period required by Ohio law and applicable professional licensing rules.
Records maintained by an Ohio counselor in private practice are generally required to be retained for a minimum of seven years, subject to any longer retention period required by other applicable law or circumstances.
Reasonable steps will be taken to ensure continued security and appropriate access to records following termination of counseling services.
13. MARKETING, SALE OF INFORMATION, AND FUNDRAISING
Oak & Olive Counseling, LLC does not sell your protected health information.
Protected health information will not be used or disclosed for marketing when HIPAA requires your written authorization.
Identifiable client information, photographs, recordings, testimonials, or other information obtained through the counseling relationship will not be used for advertising or promotional purposes without appropriate voluntary written authorization.
Oak & Olive Counseling, LLC does not use client PHI for fundraising communications.
14. OUR RESPONSIBILITIES
Oak & Olive Counseling, LLC is required to:
- Maintain the privacy and security of protected health information
- Follow the privacy practices described in the current Notice
- Provide clients with this Notice of Privacy Practices
- Follow applicable federal and Ohio confidentiality laws
- Use reasonable safeguards to protect health information
- Notify affected individuals when required if a breach occurs that may have compromised the privacy or security of protected health information
- Obtain written authorization before using or disclosing information when authorization is required by law
If you provide written authorization for a use or disclosure, you may generally revoke that authorization in writing at any time.
A revocation will not affect disclosures already made in reliance on a valid authorization before the revocation was received.
15. CHANGES TO THIS NOTICE
Oak & Olive Counseling, LLC may change the terms of this Notice and may make revised privacy practices applicable to information already maintained by the practice as permitted by law.
The current Notice of Privacy Practices is available at www.oakolivecounseling.com and upon request. When a material revision is made, the updated Notice will be made available through the practice website and other applicable electronic or physical locations.
16. QUESTIONS OR PRIVACY COMPLAINTS
If you have questions regarding this Notice, would like to exercise one of your privacy rights, or believe your privacy rights have been violated, contact:
Privacy Contact:
Laura Wiedlebacher, LPCC-S
Oak & Olive Counseling, LLC
562 W. Central Avenue
Delaware, Ohio 43015
Phone: (740) 361-2142
Email: Laura@oakolivecounseling.com
www.oakolivecounseling.com
You may also file a privacy complaint with:
U.S. Department of Health and Human Services
Office for Civil Rights
200 Independence Avenue, S.W.
Washington, D.C. 20201
Phone: 1-877-696-6775
You will not be retaliated against or denied services because you make a good-faith privacy complaint.
Oak & Olive Counseling, LLC is committed to protecting the privacy and confidentiality of your health information. The Notice of Privacy Practices below explains how your protected health information may be used and disclosed and describes your rights regarding that information.